The brief argued, among other things, that lead counsel have been entirely transparent with their work product, including their work with experts, and that if anyone has been deceptive about the impact of their leadership in the entire Roundup litigation, its holdback opponents, not the lawyers who spent five years bearing the risk and expense of litigating against Monsanto. Roundup Cancer Lawsuits Monsanto has settled over 100,000 Roundup lawsuits, paying out about $11 billion as of May 2022. There are approximately 75,000 new NHL cases reported every year in the United States Men are a slightly greater risk. Dr. Farmer testified this week, defending the infamous Monsanto Papers that plaintiffs have alleged were efforts to put out false information and suppress the concern about the connection between Roundup and NHL. About the firm . We do not know what other cancers could be caused by Roundup. For one thing, they said, Bayer has insisted on confidentiality over settlement amounts, so pretty much no one even knows if lead counsels clients received a premium over the average settlement to Roundup plaintiffs. Anyone can read what you share. Terms of Service. "@type": "Answer", There was also insanely questions about how close the plaintiff was to her children. Markets Advertisement The surfactant called polyethoxylated ethyl amine (POEA) is banned in Europe because it can cause genetic damage. (This is an office building phone number. Second, I dont think there has been a class action lawsuit in world history where the defendant paid $11 billion and keep the product on the market without a warning. Most of the other Roundup settlements that have been resolved are still waiting for their claims to be finalized (yes, this takes way too long). That difference, the judge hypothesized, would presumably reflect lead counsel's skill, expertise and success in pursuing their clients' claims but also presumably rewarded the lawyers for the risk they bore in years of litigation. The suit alleges Miller has. This unit does not share information with care advocates, front-line customer service personnel, or even the Benefits Coordination and Recovery Center (BCRC), which handles liens on other types of personal injury cases for the federal government. We do not know when those cases will be settled. Building on evidence that ovarian cancer most often originates in the fallopian tubes, not the ovaries, the Ovarian Cancer Research Alliance is urging even women who do not have a genetically-high risk for ovarian cancer that is, most women to have their fallopian tubes surgically removedif they are finished having children and are planning a gynecologic operation anyway. "@context": "https://schema.org", Medicare recently informed Archer that they are still discussing internally with Medicare whether they will be proceeding under their original agreement using the Global Model to resolve Medicare liens or if they will be reneging on their agreement. The first Roundup verdict came in August 2018 when jurors awarded a plaintiff with terminal cancer $289 million in damages to a groundskeeper exposed to glyphosate weed killer. Office Locations. Miller Firm LLC has been honored to represent several victims of Roundup already, securing historic victories for these cases. She came to law as a second career after spending ten years overseeing federal grants for high-poverty school districts. Judge Chhabrias order pointed out a key difference between the Roundup resolution and settlements in other MDLs: Bayer did not reach a global deal with payouts based on plaintiffs allegations. All three monetary awards were later reduced by judges and Bayer appealed the verdicts, but the losses rattled investors and the stock price tumbled sharply. Others will not get resolved in 2022. If and when that happens remains to be seen. Bayer still faces at least 30,000 claims from plaintiffs who have not agreed to join the settlement. We hope you found some useful information. Monsanto didnt seem concerned at all about getting at the truth of whether glyphosate caused cancer, Judge Chhabria of the U.S. District Court in San Francisco said when he reviewed the Hardeman verdict last summer. The trial, as we discuss below, had to be held entirely by Zoom video conferencing (one of the first-ever Zoom trials) because of continuing COVID restrictions in California. If the firm charged a standard 40% contingency fee, Bernstein Liebhard said, then its already due $340 million from its clients plenty of reward, Bernstein Liebhard said, for its five years of work leading the MDL. Bayer announced in June that it had reached a $10 billion settlement with U.S. law firms to resolve most of more than 100,000 Roundup cancer claims. All Roundup Claimants paying Medicare under the Global Model will be approved by Medicare. I will be surprised if there are any future trials.. Now, Bayer new strategy is to go to war and take cases to trial. First, Glyphosate-induced non-Hodgkins cancer does not develop overnight. It would be the first trial of its kind. monitored Neil Youngs social media postings. Bayer may change their settlement compensation projections after getting a win. A new research study from UCLA has found that it might also cause thyroid cancer. 108 Railroad Avenue ARCHER will provide proof of payment to your law firm. Why did I have to go through the lien resolution process? by Ronald V. Miller, Jr. Our lawyers are handling Roundup cases in all 50 states. Jurors had difficulty turning their cameras on for the Zoom call (which was required by the judge). She has a back-and-forth relationship with some of her children. The pandemic worked to the advantage of settlement because the threat of a scheduled trial was unavailable, Mr. Feinberg said. The Environmental Protection Agency ruled last year that it was a false claim to say on product labels that glyphosate caused cancer. In other news, science is continuing to raise new concerns about Roundup. We will also continue to update you with substantive developments as they become known to our firm. You have to know whats happening with clients, competitors, practice areas, and industries. Dr. Portier, a former high-level scientist with the CDC, testified regarding numerous studies which show that glyphosate (the active agent in Roundup) causes lymphoma. { They said Bayer, which owns Monsanto, would not have entered intosettlements last year but for their work, which included obtaining three Roundup verdicts. It would be unprecedented, the MDL leaders argued, to preclude common benefit fund fees to them because they were able to obtain premium settlements for their clients. Now Bayer is moving to put those troubles behind it, agreeing to pay more than $10 billion to settle tens of thousands of claims while continuing to sell the product without adding warning labels about its safety. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. But Bayer is hoping against hope that the Supreme Court will take up the case. In court, lawyers argued over the available scientific evidence. As is typical in multidistrict litigation, plaintiff lawyers who led the settlement negotiations including The Miller Law Firm, Weitz & Luxenberg and Aimee Wagstaff -- have asked U.S. District Judge Vince Chhabria to set aside fees from any settlements in state or federal courts to compensate them for work they did on the case that benefited all litigants. It does not receive or send text messages.) A new study recently published suggests that glyphosate, the ingredient in Roundup that has been linked to lymphoma, may also be linked to an increased risk of Parkinsons disease and neurologic disorders. We share your frustrations and will continue to fight for you on every front. It is primarily used on crops such as corn, soybeans, and cotton, as well as on non-crop areas such as lawns, gardens, and parks. The cross-examination of Ms. Stephens involved a lot of questions about the fact that Ms. Stephens initially told her lawyers she had used Roundup for 14 years. That letter is enclosed here and may be shared with settling claimants at your discretion. There are two reasons Roundup lawsuits will continue for years. For many of our clients in the settlement, it will hopefully be in 2021. In the legal profession, information is the key to success. The judge framed his question as a hypothetical. Bayer did not disclose the terms of each firms settlements, instead reporting just its aggregated cost of about $11 billion. As a subscriber, you have 10 gift articles to give each month. The lead attorneys also say its unfair to accuse them of double-dipping since they invested heavily in the Roundup litigation when other law firms took a pass because of the weak scientific evidence glyphosate causes cancer. She is just plain wrong. If you were diagnosed with NHL before you filed Bankruptcy, the Bankruptcy Trustee may be entitled to part or all of your settlement under applicable Bankruptcy law. Orange, VA 22960 By James Mills (November 17, 2021, 3:59 PM EST) -- A law firm involved in the sprawling Roundup litigation is suing a fellow plaintiff's firm for fraud over an alleged failure to share settlement funds, further asking a D.C. federal court to prevent any additional money from being distributed in settled cases in which the firms were involved. U.S. District Court for the District of Columbia, Access to case data within articles (numbers, filings, courts, nature of suit, and more. Some of these lawsuits are because Bayer could not reach an agreed-upon settlement amount with the victim. Sure, some of these verdicts have been reduced. What it didnt anticipate was a legal firestorm over claims that the herbicide, Roundup, caused cancer. They would have to conclude that she, her husband, and her son are liars. When glyphosate is applied to plants, it inhibits the activity of an enzyme called EPSP synthase, which is involved in the shikimate acid pathway. Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. If you have a new Roundup herbicide non-Hodgin's lymphoma cancer case, call a Roundup attorney. Please note that not every claimant will receive a second payment. Personal injury lawyers handling serious personal injury truck and auto accident, medical malpractice and products liability cases throughout Maryland and the United States. Both Bayer and regulators in the U.S. and most other countries consider Roundup and its main ingredient, glyphosate, to be safe, but plaintiff lawyers in the U.S. have won several large court victories based on testimony of their own experts who maintain glyphosate causes cancer. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. Debevoise Is Ready, Proskauer Lands Cooley Strategy Leader in New C-Suite Role. When glyphosate is sprayed on plants, it is absorbed by the leaves and stems and spread throughout the plant. Some of the money is set aside for future cases. Individuals, depending on the strength of their cases, will receive payments of $5,000 to $250,000, according to two people involved in the negotiations. This study looked at the effects of glyphosate on the livers of baby rats whose mothers drank water with glyphosate in it. Both options are priced the same. "acceptedAnswer": { They responded to more than a dozen. Click here to login, 2023, Portfolio Media, Inc. | About | Contact Us | Legal Jobs | Advertise with Law360 | Careers at Law360 | Terms | Privacy Policy | Cookie Settings | Help | Site Map, Enter your details below and select your area(s) of interest to stay ahead of the curve and receive Law360's daily newsletters, Email (NOTE: Free email domains not supported). Like the Miller firm, Baum Hedlund and Andrus Wagstaff represent several thousands plaintiffs. Another Roundup trial is in its second week in St. Louis, a much better jurisdiction for plaintiffs. The coronavirus outbreak, which has closed courts across the country, may have pushed the plaintiffs and the company to come to an agreement. Monsanto Roundup lawsuits have led Bayer to pay billions of dollars in settlement compensation payouts to victims and their families with non-Hodgkin's lymphoma. ARHER was selected for its expertise and experience in handling specialized administrative functions, including health insurance lien resolutionwhich isrequired in large mass tort settlement programs such as Roundup. MDL unifies individual cases to advance justice and safeguard others against the danger of Roundup cancer by pressuring Monsanto to admit the product's dangers. The plaintiff was a woman in her 70s who alleged that she developed lymphoma from years of using Roundup in her home garden. As a result of Medicares actions, we expect further delays in processing any second payments that may be due. $289 Million Verdict Update During a hearing on October 24th after the whopping $289 million verdict against Monsanto, a California trial judge issued a ruling reducing the verdict. Does it really matter? "The simple fact remains that all Roundup attorneys and plaintiffs have benefitted from MDL leadership's efforts," lead counsel wrote in a Thursday filing. Bayer also put aside $820 million to settle longstanding lawsuits related to toxic chemicals in the water supply known as PCBs for polychlorinated biphenyls that were banned in the United States four decades ago. "@type": "Question", The Miller Firm said it negotiated $849 million from Bayer for its 5,000 Roundup clients. Does that surprise anyone? The settlement covers an estimated 95,000 cases and includes $1.25 billion for potential future claims from Roundup customers who may develop the form of cancer known as non-Hodgkins lymphoma. Most of the other Roundup settlements that have been resolved are still waiting for their claims to be finalized (yes, this takes way too long).

Reuters News, under the Trust Principles, is committed to integrity, independence and freedom from bias. Contact Miller & Zois About Roundup Lawsuits. Instead, it reached so-called inventory settlements with plaintiffs firms to resolve their Roundup dockets. Frequency, duration, and circumstances of her Roundup exposure are also relevant considerations in the points calculation to determine Roundup settlement amounts. Law360 takes your privacy seriously. Stephens fought back tears as he recalled the day when his mother told the family that she had been diagnosed with non-Hodgkin lymphoma. Not surprisingly, the Zoom trial got off to a very shaky start when it resumed on August 30. Its rare that we see a consensual settlement with that many zeros on it, said Nora Freeman Engstrom, a professor at Stanford University Law School. Why are they involved? "text": " One large $11 billion group of Roundup lawsuits have been settled. ARCHER has negotiated what it felt to be the best possible agreements with the government and the vast majority of health plans, agreements that have been approved by the leadership law firms in the Roundup litigation nationwide. Getting The Talent Balance Right: From Layoffs to Laterals to Mergers, How Can Firms Staff for Success? Every Roundup lawsuit? The remaining Roundup cases in federal court are on hold while Bayer continues to await word on whether the Supreme Court will hear its appeal from the Ninth Circuit in the Hardeman case. Will Medicare deny my future NHL-related treatment as a result of receiving this settlement? You can develop cancer from Roundup more than ten years later. Bernstein Leibhard, in a Feb. 4 filing, said The Miller Firm was believed to have settled its inventory of 5,000 cases for $849 million, meaning it already earned a $340 million fee at the. So, yes, any loss is a tough loss and it is hard not to feel for Ms. Stephens. In recent years, advancements in researchhave changed the way cancer is treated. In other news, there is an accumulation of evidence that Roundup may cause other types of cancer and injuries. ", There is a special unit within the Centers for Medicare and Medicaid Services (CMS) that manages the mass tort collection program. For many reasons, that is just a bad idea. This process is needed for plants to make essential amino acids. (Reuters) - In the fall of 2015, when the plaintiffs firms that would ultimately lead multidistrict litigation over Monsantos Roundup weedkiller first began filing suits alleging that Roundup causes non-Hodgkins lymphoma, they faced mountainous resistance from Monsanto. ARCHERs job is difficult, as Congress has placed Medicare, Medicaid, other government agencies, and certain health plans in a favored position to recover money when beneficiaries reach a third-party injury settlement. Stephens was an avid home-gardener and regularly used Roundup to spray weeds in her yard over a 20-year period. Our Roundup cancer attorneys can give you the legal advice you need and we will help . "acceptedAnswer": { Bayer has started calling its witness and hopefully, this trial concludes soon. These programs offer advantages such as caps on lien recoveries and automatic, built-in lien reductions that are not offered to individual claimants or law firms on their own. Here are some recent updates: Building on evidence that ovarian cancer most often originates in the fallopian tubes, not the ovaries, the Ovarian Cancer Research Alliance is urging even women who do not have a genetically-high risk for ovarian cancer that is, most women , For a long time, the promise of cancer vaccines that would protect healthy people at high risk of cancer has only dangled in front of researchers. Medicare will not be entitled to recover more than 30% of your gross settlement award, regardless of award size. Wrongful death cases were worth more as are cases where there were not statute of limitations complications. We are totally convinced this does both, Mr. Baumann said in an interview on Wednesday. Negotiations were extraordinarily complex, producing separate agreements with 25 lead law firms whose clients will receive varying amounts. But the good thing about 2022 Roundup lawsuits is if you dont like a verdict, another trial is around the corner. Michael Miller, described by a colleague as a "warrior in the trenches" in. Our lawyers are handling Roundup cases in all 50 states. This 4th jury trial in the continuing Roundup litigation involved a woman who claimed she developed NHL from Roundup. Your article was successfully shared with the contacts you provided. He described in painful detail the exhausting series of medical treatments that his mother had to endure and complications that landed her in the hospital numerous times and near death. LexisNexis and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information. In 2019, Bayer tried and failed to push through a global settlement that would have resolved most existing claims and created a fund for future claims. Bernstein Liebhard based their estimates on an inaccurate news article citing an unidentified claimant who leaked information about the settlement, Miller said. (There are videos on YouTube if you want to see them for yourself.) Some sources have pegged a potential settlement number at $8 billion-$10 billion, though some . Lets take a look at a typical Roundup lawsuit being filed in 2021. This post is about how this will impact the settlement amounts in future Roundup lawsuits that are not in the initial settlement. Don't miss the crucial news and insights you need to make informed legal decisions. Counsel for Objectors have not represented any party in this MDL, the dissenting lawyers said. Primary Sidebar. Still, the law firm representing her in the case refused to cut her a check after learning that she was not a legal U.S. citizen. Those cases are unaffected by Wednesdays settlement. We vouch for our advice to our clients but we don't vouch for the accuracy of this website. We do not know when those cases will be settled. Bayer announced Wednesday that it would separately spend up to $400 million to settle claims stemming from another Monsanto chemical, dicamba, that can drift after it is sprayed and damage other crops. The Newsletter Bringing the Legal System to Light. The hope is that there will soon be a second round of Roundup settlements where the average settlement compensation amounts are higher than the first round. "text": " The average settlement payout ranges from $125,000 to $175,000 depending on what deal individual lawyers negotiated. Proof of Claimant satisfaction under the Global Resolution Model will be provided at the end of the settlement and upon payment to Medicare. We know that these developments and the standstill on your settlement money is frustrating. In 1950, Swiss chemist Dr. Henri Martin discovered glyphosate. Even if they did, lead counsel said, its not up to Monsanto, via settlements, or to their clients, via contingency fees, to pay for the benefit other plaintiffs derived from the work of the MDL leaders. Medicare still refuses to provide any explanation. These claims are still being reviewed by an outside company and then will be further reviewed by the Special Master. Those Medicare lien obligations will be resolved and reconciled by Medicare under a Global Resolution Model which covers treatment diagnosis care as well as follow up care. This week we learned from Akin Gump that the DOJs review is with its Commercial Litigation Branch and that their recommendation has been completed and is now under further internal DOJ review. Weitz & Luxenberg and the Miller firm raised the stakes in a filing today, notifying Judge Chhabria of a recent decision in the 3M ear plugs MDL ordering firms that object to the 9% common-benefit fee to pay a penalty 15% rate if they use any of the common benefit work product in their cases. Compounding the complexity is the fact that Medicare, Medicaid agencies, private insurers/their recovery agents, and other government agencies such as the VA are facing an unprecedented volume of mass tort claims and continue to deal with staffing issues and resource shortages, which is lengthening the time it takes to resolve liens. Wrongful death cases were worth more as are cases where there were not statute of limitations complications " There are almost 4,000 lawsuits still pending in the Roundup MDL class action in California as of March 2022. }} Perhaps most damaging for the defendants, though, were revelations that reinforced Monsantos image as a company that people love to hate. "name": "When Will Settlements Be Paid on Newly Filed Roundup Lawsuits? This prevents the plants from producing these essential amino acids, and they eventually die. The study appeared in the Journal of Neuroinflammation and found that glyphosate is able to pass through the blood-brain barrier, which is an attribute displayed by chemicals that are known to cause neurologic disorders. The question is whether glyphosate causes these cancers, however it does that. As such, ARCHER will ensure that Claimants fulfill their Medicare obligations under the settlement so that future Medicare benefits are not impacted for any reasons pertaining to the Roundup settlement. Following her diagnosis, Ms. Stephens health rapidly deteriorated. In the first jury trial against Monsanto, our lawyers were able to reach a $289 million verdict against the company due to their failure to warn consumers about the possible health risks of Roundup. But the jurors are sending a loud message. There is no hard sales pitch. When will I know if I qualify and if so how much I will receive for my Extraordinary Injury Fund (EIF) Application? Hard to imagine the jury will doubt Ms. Stephens used Roundup regularly. McComb, MS 39648 Sharks, for example, are potentially dangerous. Glyphosate escaped a stronger classification carcinogenic to humans that includes bacon, red wine, sun exposure, tobacco and plutonium. The best thing to do is to contact a lawyer and get information that is for you based on the fact and applicable law in your case. Monsantos aggressive tactics to influence scientific opinion and discredit critics undercut the companys credibility. The industry-leading media platform offering competitive intelligence to prepare for today and anticipate opportunities for future success. They also noted they will be subject to the common-benefit fee assessment and pay the most into the pool. This prompted an immediate stay in the trial proceedings. The statute of limitations is a harsh and unforgiving deadline that is near impossible to get around. The Miller Firm, LLC In 2016, after cases began to pile up against the company, a federal judiciary panel created a Roundup MDL, which is a sort of class action of all the Roundup cases in federal court. That work includes gathering evidence and taking depositions of witnesses at Bayer unit Monsanto and other organizations, as well as preparing bellwether cases for trial. PLEASE NOTE: A verification email will be sent to your address before you can access your trial. Cancer vaccines. Protected by Google ReCAPTCHA. In her early 70s, Stephens was diagnosed with High-Grade B-Cell Lymphoma. The Miller Firm, Weitz & Luxenberg and Andrus Wagstaff said in an email that they were successful for all Round Up claimants, and that their brief otherwise speaks for itself. It tells you that the jury was angry. There are many thousands more filed in state court. We are not your attorneys and this is not medical, legal or any other kind of advice. Federal law requires that all Medicare, Medicaid, and Military payments made to any medical provider on your behalf that relate to your use of Roundup, subsequent injury, and relevant treatment and care be identified, negotiated and reimbursed to your health plan. After that proposal was shot down by the MDL Judge, Bayer changed adopted a new settlement strategy by setting aside $16 billion to cover Roundup liabilities and then settling out large blocks of cases with individual plaintiffs law firms. During this time, Jamie always dreamed of returning to law school. NEWS Proposed Fee Order in Roundup Settlements An 'Example of MDLs Gone Wild,' Judge Says U.S. District Judge Vince Chhabria appeared likely to trim an estimated $800 million in common benefit. Bayers efforts to settle the Roundup litigation may be further complicated by objections Napoli Shkolnik recently filed to a proposed $2 billion settlement of future claims over Roundup, which will remain on the market and cannot legally bear a warning because the U.S. Environmental Protection Agency says it doesnt cause cancer. Instead, the Court invited the Biden administration to weigh in with its own brief to see if the government will side with Bayer as the Trump administration did. Call us today at 800-553-8082. What we do know is that when glyphosate is digested by animals, the chemical is excreted to some degree through the urinary system. A jury trial in Ms. Stephens case began in August 2021 in San Bernardino County Superior Court (venue change was necessary to accommodate the expedited trial request). Thanks for visiting the Maryland Injury Lawyer Blog. Critics have countered that regulators based their conclusions on flawed and incomplete research provided by Monsanto. Bayer faced tens of thousands of claims linking the weedkiller to cases of non-Hodgkins lymphoma. Later, her family reminded her that she had used it much longer and she amended her testimony. The Settlement Administrator and Special Master are currently reviewing EIF Applications and making eligibility determinations. Two months later, a third jury delivered a staggering award of more than $2 billion to a couple, Alva and Alberta Pilliod, who argued that decades of using Roundup caused their non-Hodgkins lymphoma. Judge Chhabria appointed Mr. Feinberg to lead negotiations for an agreement that would include all the cases, including thousands of others filed in state courts and other jurisdictions. Here are some recent updates: Ovarian cancer. Glyphosate was introduced in 1974, but its journey to becoming the worlds No. Most of the early lawsuits were brought by homeowners and groundskeepers, although they account for only a tiny portion of Roundups sales. Lawyers for Ms. Stephens attempted to present testimony from another expert witness, former National Academy of Sciences Director Charles Benbrook who is considered an important witness. Not today. Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. The previous 3 Roundup jury trials resulted in massive verdicts for the plaintiffs that forced Bayer to alter its defense strategy and enter into settlement negotiations. Archer has told us that it will have this process complete in September. In some instances, however, Bayer has been taking certain cases to trial in state courts. And this is not medical, legal or any other kind of.! 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They will be settled anticipate was a woman in her home garden honors women lawyers who have a! Alleged that she, her family reminded her that she, her family reminded that. The chemical is excreted to some degree through the urinary system on every front brought... Text messages. last year that it might also cause thyroid cancer here and may be due August... A colleague as a result of receiving this settlement, some of lawsuits! Shaky start when it resumed on August 30, that is just a bad idea non-Hodgkins lymphoma in MDL... Of non-Hodgkins lymphoma relevant considerations in the trial proceedings Zois about Roundup on August.! The judge ) lawyers who have made a remarkable difference in the initial settlement at your discretion if! Will hopefully be in 2021 impact the settlement and upon payment to your address before you can access your.... Is an accumulation of evidence that Roundup may cause other types of and. Through the lien resolution process lymphoma cancer case, call a Roundup attorney the jury will Ms.... To represent several thousands plaintiffs calling its witness and hopefully, this trial concludes soon whose mothers water! Balance Right: from Layoffs to Laterals to Mergers, how can firms Staff for success amounts in future lawsuits... To feel for Ms. Stephens ( POEA ) miller law firm roundup settlement update banned in Europe because it can cause genetic damage state.! Hedlund and Andrus Wagstaff represent several victims of Roundup lawsuits is if you have a new research study UCLA...